President William Ruto has nominated Mr Erastus Edung Ethekon, a former Turkana County attorney, for appointment as the chairperson of the new Independent Electoral and Boundaries Commission (IEBC).
The latest development brings a step closer to an end, the more than two-years wait for a new electoral agency.
Mr Ethekon will, if approved by the National Assembly, replace the late Wafula Chebukati, who exited the poll body in January 2023 at the end of a six-year term.
In a surprise move, the President opted against high profile names – former Chief Registrar of the Judiciary Anne Amadi and ex-chairperson of the Commission for the Implementation of the Constitution Charles Nyachae – who had been touted as leading contenders for the critical position.
Nation reliably learnt that the race for the chairperson position was between Mr Ethekon and Mr Nyachae, the two names submitted by the panel.
The Head of State also named Registrar of Political Parties Ann Nderitu, Moses Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol and Fahima Araphat Abdallah as commissioners.
For the six Commissioners, the other three names were Philip Kakai (Bungoma), Ali Nur Hussein (Wajir) and Joseph Kyavoa (Kitui).
Nonetheless, the pick of Mr Hassan will rekindle controversy that preceded his late inclusion in the shortlist of candidates for the commissioner position.
The former chief administrative secretary for Sports and Education was among six names sneaked to the shortlist by the IEBC selection panel just days before the start of the interviews.
The long-serving provincial administrator unsuccessfully contested the Mandera County governorship in the 2022 elections and is said to be related to a high-ranking MP in the ODM party.
Head of Public Service Felix Koskei said the development follows the recommendations of the Dr Nelson Makanda-led selection panel on the recruitment of the nominees for the position of the chairperson and members of the IEBC on May 6, 2025.
The law requires that the President, within seven days of receipt of the names, forwards the list of nominees to the National Assembly for approval hearings.
“In its submission, the selection panel recommended two candidates for the position of chairperson and nine candidates for consideration to fill six positions of member of the Commission. Arising from these recommendations, the Head of State has nominated the following individuals for appointment,” said Mr Koskei.
The names have already been transmitted to the National Assembly for consideration and approval by Parliament. The National Assembly is currently in recess.
“His Excellency the President has urged the National Assembly to prioritise the consideration of these nominations,” added Mr Koskei.
Mr Ethekon served as Turkana County Attorney between 2018 and 2024 and has been a consultant partner at the Northern Consulting Solution and E.Ethekon and Co Advocates since 2004.
Between 2007 and 2015, the 48-year-old served as programmes management specialist at the United Nations Development Programme (UNDP).
In 2016, he was programme advisor at the UNDP, regional service centre for Africa and African Union in Addis Ababa, Ethiopia.
Locally, he completed his Bachelor of Laws degree from the University of Nairobi in 2001 before proceeding for a post-graduate diploma in Law from the Kenya School of Law.
The six-year non-renewable term of Mr Chebukati and two commissioners—Mr Boya Molu and Abdi Guliye—ended in January 2023.
However, Ms Irene Masit, who opted to face the tribunal, was removed by President Ruto following the recommendation of the tribunal.
The country has been without an electoral body since President Ruto declared the seven positions vacant on February 14, 2023 and March 1, 2023.
The process to reconstitute the Commission began on March 1, 2023 but soon ran into headwinds facing a nearly two-year delay before resuming on January 27, 2025, when President Ruto appointed a new seven-member panel to oversee the recruitment.
The delayed reconstitution of the commission has seen constitutional requirements of delimitation of electoral boundaries and by-election in various electoral areas delayed, thus violating the supreme law.
Mr Johan Kriegler, the South African retired judge who chaired the Independent Review Commission on the 2007 elections, recommended that IEBC commissioners must be in office at least two years before a general election.
Other than conducting the 2027 General Election, the reconstituted commission is required to undertake the delayed electoral boundaries delimitation and various by-elections.
Among the constituencies that have no MPs include Banissa, which was left vacant after MP Hassan Kullow died in a road accident on March 29, 2023. There is also Magarini, which fell vacant after the Supreme Court on May 31, 2024, upheld the nullification of the election of Mr Harrison Kombe.
The appointment to Cabinet of former Ugunja MP Opiyo Wandayi and Mbeere North MP Geoffrey Ruku have necessitated a by-election.
The replacement of former nominated MP John Mbadi, now National Treasury minister, will also need the attention of the new Commission.
